Himachal Pradesh High Court
Court On Its Own Motion vs . State Of H.P. & Others. on 19 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Court on its own motion Vs. State of H.P. & Others.
.
CWPIL No. 203 of 2017 a/w CWPIL No. 71, 77, 96, 100, 105 and 125 of 2018.
19.05.2023 Present: Mr. Ankush Dass Sood, Senior Advocate as Amicus Curiae with Mr. Gaurav Chaudhary, Advocate in CWPIL No. 203 of 2017. Mr. Aman Sood, Advocate for respondent No.28 in CWPIL Nos. 71, 77 & 105 of 2018.
Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General & Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents-
State.
Mr. Aakash Thakur, Advocate vice Ms. Vandana Misra, Advocate for respondent-
HPSLSA.
On 11.5.2023, this Court passed the following orders:-
" On the oral request of learned
Amicus Curiae, we deem it
appropriate to implead the Additional Chief Secretary (Finance) to the Government of Himachal Pradesh, as party respondent and shall figure as respondent No. 18. The Registry is directed to carry out necessary correction in the memo of parties.
The records reveal that opening of District Jail at Kishanpura is being unnecessary delayed on one pretext or the other. Now after all the stakeholders have got together and have tried to make the jail functioning, it is for want of ::: Downloaded on - 19/05/2023 20:34:14 :::CIS adequate staff that the jail has not .
become operational.
We need to remind the state government that there is already over crowding in the jails and it was with this intent that the District Jail at Kishanpura, Nalagarh was sought to be established.
Given this factual background, we direct the Chief Secretary to the Government of Himachal Pradesh to convene an urgent joint meeting of all the stakeholders, i.e. Additional Chief Secretary (Finance), the Secretary (Home), the ADGP (Prison), the CEO, HIMUDA and the SDM, Nalagarh. Such meeting be held in the chambers of the Chief Secretary on 12.5.2023 at 4 p.m. and if necessary, another meeting be held on 15.5.2023. The status report be filed on the affidavit of the Secretary (Home) to the Government of Himachal Pradesh.
List on 18.5.2023."
In compliance to the orders dated 11.5.2023, a meeting was convened under the Chairmanship of the Chief Secretary to the Government of Himachal Pradesh to discuss various aspects for making newly constructed complex of Sub-Jail, Nalagarh at Kishanpura functional. It is apt to reproduce the relevant extract from the minutes so placed before us, which read as under:-
::: Downloaded on - 19/05/2023 20:34:14 :::CISThe ADG, Prison & Correctional Services, HP .
informed that the Sub Jail Nalagarh was initially established as an open air Jail and new Jail complex of Sub Jail Nalagarh is being constructed at Kishanpura, Nalagarh, District Solan. Against an estimate of 22.26 Crore for Sub Jail Nalagarh, 12,62,78,396/- has been allotted to the executing agency HIMUDA. The capacity of this jail is 150 males and 16 females. The jail has been made functional w.e.f. April, 2021. ADGP, Prisons and Correctional Services, H.P. stated following points for non utilization of aforesaid Jail to its full capacity:-
1. Shortage of Staff.
2. Construction of Boundary wall around the said Jail.
3. Aforesaid Jail could not be used as a closed Jail unless iron metal doors are installed.
4. Diversion of sewage nallah flowing inside the Jail premises.
Further, the ADG Prisons and Correctional Services, H.P. informed that out of total 761 posts in the Department of Prisons & Correctional Services, 575 posts are filled up and 186 posts are vacant, due to which the Department is facing difficulty in smooth operation of Jails.
Thereafter, deliberations were held on the issue as to how the Sub Jail Nalagarh at Kishanpura could be made functional at the earliest. Approval to fill up 21 posts of Warder,01 post of JOA(IT), 1 post of Dispenser have already been conveyed to the Prison Department. Another ::: Downloaded on - 19/05/2023 20:34:14 :::CIS proposal regarding filling up of 69 posts of .
Warders is under consideration and the decision of the same will be taken within 15 to 20 days. It was pointed out that recruitment of staff, including the Warders, will take some time, further the recruited warders will have to complete 9 months training before joining their duties. Therefore, it was suggested that for the time being, services of Home Guards may be taken. If any budget is required, the ADG,Prisons will take up the matter with the Government and the FD will process it within 15 days.
ADG Prisons also stated that shifting prisoners from other districts to Sub Jail Nalagarh, (ie.
Kishanpuara) may pose difficulty in presenting prisoners in the Courts of their respective districts for hearing. In case of the prisoners shifted to Sub Jail Nalagarh, the Ld. Courts may be requested to allow to present before them through Video Conferencing.
Prisons Department will submit a proposal to make District Jail Nalagarh functional so that it does not remain only as open air Jail. The Hon'ble High Court has directed the Principal Secretary (Home) to file status report by 18/05/2023. After detailed discussion, the Chief Secretary, H.P. directed that status report be filed in Hon'ble Court of H.P. on the lines stated above.
The meeting ended with vote of thanks."
We appreciate the pro-active role played by the Chief Secretary to the Government of Himachal Pradesh ::: Downloaded on - 19/05/2023 20:34:14 :::CIS in making an endeavour to resolve the majority of the issues .
with regard to the infrastructure including man-power to be posted at Sub-Jail. Now, since the State itself has agreed to make the Jail functional, we direct the State to abide by the suggestions/undertakings as enumerated hereinabove.
Since the authorities are facing difficulty in presenting the prisoners in the Courts of their respective districts at the time of hearing, we direct such Courts to allow the presence of the prisoners through video conferencing, without insisting upon their personal presence.
Adverting to the other aspect of the case, which relates to HIMUDA, a co-ordinate Bench of this Court on 19th April, 2022, had passed the following orders:
"We have heard learned Amicus Curiae and Mr. Ajay Vaidya, learned Senior Additional Advocate General for respondent-State as also Ms. Vandana Misra, learned Counsel for respondent - HPSLSA, who have given the impression of their visit to the Model Central Jail, at Kanda, District Shimla, H.P. We deem it appropriate to issue following directions on the basis of inputs received from them:-
(i) that the respondents-State shall place on record the exact status of the construction of the new buildings of District Jails at Nalagarh, ::: Downloaded on - 19/05/2023 20:34:14 :::CIS Kullu, Mandi, and Solan and give a specific .
statement as to within what period of time the remaining construction work of the buildings of the District Jails shall be completed;
(ii) that the respondents-State shall place on record the position of vacancies of the staff in different jails and give categorical statement as to in what period of time, all such vacancies shall be filled up;
(iii) that the respondents-State shall immediately provide services of at-least one female Gynecologist, to the female prisoners in Central Jail, Kanda, on weekly visit, from the nearby Government Hospitals;
(iv) that the respondents-State shall also provide services of Counsellor/Psychologist to the prisoners at Central Jail Kanda on permanent basis;
(v) that the respondents-State shall also consider getting allotment of retail outlets of the Oil Companies, for the welfare of the prisoners on the pattern such retail outlets have been allotted to Central Jails in other States of the country;
(vi) that the respondents-State shall also consider giving tax rebate on the sale of products manufactured by the prisoners;
(vii) that the respondents-State may consider providing outlets in the premises of different District Courts and offices of Deputy ::: Downloaded on - 19/05/2023 20:34:14 :::CIS Commissioners of the State for sale of the .
items/products prepared/manufactured by the prisoners;
(viii) that the respondents-State shall give specific report as to whether the facility of creche is provided to the children with their mothers lodged as convict/under-trial prisoners;
(ix) that the respondents-State shall consider providing sanitary napkins through vending machine at-least at Model Central Jail, Kanda;
(x) that the respondents-State shall also consider providing necessary funds for recreational and sports activities of the prisoners in different Jails of the State;
(xi) that the respondents-State shall, on the next date of hearing, produce menu of break-fast, lunch and dinner/meals being provided to the prisoners;
(xii) that the respondents-State shall in the meanwhile provide any one sweet item to all the jail inmates, preferably on every Sunday and submit report thereabout, on the next date of hearing;
(xiii) that the respondents-State shall state on affidavit as to within what period of time, the New Jail Manual shall be finalized; and
(xiv) that the respondents-State shall inform whether female prisoners are being provided with any uniform/dress by the Jail Authorities and if not, why?
Matter to come up on 5th May, 2022."
::: Downloaded on - 19/05/2023 20:34:14 :::CISIn compliance to the aforesaid orders, .
HIMUDA has addressed a letter to the Superintendent Jail, Sub-Jail Nalagarh, Kishanpura, District Solan. Relevant portion whereof reads as under:-
" In this connection, it is intimated that the assigned project /works has already been completed as already intimated vide letter referred above. The minor short comings pointed out by the client Department have now been completed in all respect and ready for taken over of possession from our side. The external sewerage and water supply work has also been completed including SIP. Whereas the STP is functional as septic tank and award for pending work of installing pumping machinery has been awarded on 28.03.2023 after release of funds amounting to Rs.40.00 Lacs from Jail Authority in March, 2023 and work is in progress which is likely to be completed by 15 June. 2023. It is also intimated that the handing/taken over process is pending on the part of Client Department."
Now, HIMUDA, itself has undertaken to complete the work of external sewerage and water supply including STP fully, to be operational by 15 th June, 2023, as is evident from the relevant extract of the communication, we deem it appropriate to direct the HIMUDA to adhere by its undertaking to complete the project by 15th June, 2023.
::: Downloaded on - 19/05/2023 20:34:14 :::CISFor compliance, list on 16th June, 2023, when .
status with regard to all the matters as discussed in the minutes of meeting (supra) be placed before this Court for consideration.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) Judge May 19, 2023(ps) ::: Downloaded on - 19/05/2023 20:34:14 :::CIS